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July 2001

2001-02 Freehling Scholars

Graeme Dinwoodie
Professor of Law

Nancy Marder
Associate Professor of Law

The Chicago-Kent community congratulates Professors Graeme Dinwoodie and Nancy Marder on their recent appointments as Freehling Scholars. The Paul Freehling Scholarship Fund was established in 1990, through the support of the the Norman and Edna Freehling Endowment Fund, to promote the writings of Chicago-Kent professors who have distinguished themselves in their respective fields through substantial and sustained scholarship.

Professors Graeme Dinwoodie and Nancy Marder specialize in very different areas of the law: Professor Dinwoodie considers how nations protect intellectual property rights worldwide, and Professor Marder focuses on how the American jury system can be improved. But one thing these professors have in common is that they both write on how societal changes and new technologies affect their respective fields.

Through his scholarly work, Professor Dinwoodie aims to distill and clarify the ever more complex issues in international intellectual property law. "Works are increasingly being created, exploited and infringed in more than one country, partly because of the Internet but more generally because of globalization," he says. "Policymakers have to develop international approaches to what they previously addressed nationally."

Day to day, practitioners in international intellectual property law must remain focused on the operation of specific regulations, laws and treaties: for instance, the pharmaceutical company attorney concerned with lax laws in different countries that do not effectively prohibit the copying of its patented products or that facilitate the distribution of generic equivalents trading on the goodwill of a branded drug. As a scholar, Dinwoodie has the freedom to study broader issues, like the nature of the World Trade Organization's authority to circumscribe those national laws.

"Like everyone, I'm interested in a range of substantive issues," says Dinwoodie, "but I'm also interested in the quasi-procedural lawmaking issues that cut across all substantive international intellectual property issues."

Dinwoodie intends to use the sabbatical semester that accompanies the Freehling Scholarship to focus on writing a monograph on the politics of the development of international intellectual property law. "The monograph is something I really couldn't do without the scholarship sabbatical," he says. "What would have been a project scattered over several summers is something to which I can now devote a substantial, concentrated block of time."

While Professor Dinwoodie addresses wide-ranging international issues, Professor Marder examines jurors and juries--the most local and fundamental elements of the U.S. legal system.

Because juries are temporary groups of average citizens with little or no experience inside a courtroom, jurors generally cannot--or do not know how to--represent their own interests during court proceedings. Without someone to champion new options, such as videotaping jury instructions for use during deliberations or allowing jurors to take notes during the course of a trial, courts often resist them in favor of the status quo.

"Jurors are not in the position to advocate for themselves," explains Marder. "My perspective has always been that of the jury. One has to be in academia to take that view."

Through her scholarship and numerous speaking engagements, Marder hopes to raise awareness among attorneys and judges about the challenges that jurors face. One of her current interests centers on how technology can become a tool for the jury. "Very few people seem to be thinking about jurors and how technology can serve them," she says.

Marder plans to use her sabbatical semester to work on her forthcoming book, Jury Process, part of the Turning Point Series, whose authors are nominated based on their scholarly renown and mastery of their subject areas. The book will take a comprehensive look at the U.S. jury system and the issues facing it today.

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